2020 RLLR 69

2020 RLLR 69

Claimants' identity and credibility were established; objective country evidence shows systemic discrimination and police complicity against Roma and the absence of effective state protection; no internal flight alternative exists; therefore on a balance of probabilities the claimants face a serious possibility of persecution and risk of death, torture or cruel and unusual treatment if returned, qualifying them as Convention refugees.

Citation
2020 RLLR 69
Parties
Claimant: [XXX]; Minor Claimant: [XXX]; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 October 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Final Decision on Merits
Outcome
Claimants found to be Convention refugees; claim accepted.
Legal Topics
Persecution, State Protection, Internal Flight Alternative, Ethnic Discrimination (roma), Credibility and Identity
Source Language
English
Immigration Law Refugee Law Human Rights Persecution State Protection Internal Flight Alternative Ethnic Discrimination (roma) Credibility and Identity

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Parties

[XXX]

Claimant

[XXX]

Minor Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Final Decision on Merits

Legal Issues

  1. 1 Identity and credibility
  2. 2 Whether claimants face persecution for a Convention ground (ethnicity)
  3. 3 State protection and internal flight alternative

Ratio Decidendi

Claimants' identity and credibility were established; objective country evidence shows systemic discrimination and police complicity against Roma and the absence of effective state protection; no internal flight alternative exists; therefore on a balance of probabilities the claimants face a serious possibility of persecution and risk of death, torture or cruel and unusual treatment if returned, qualifying them as Convention refugees.

Court Disposition

Claimants found to be Convention refugees; claim accepted.

Orders

  • Claimants declared Convention refugees and granted refugee protection in Canada.